Construction Industry
WHS Expert Witness
Independent expert witness for construction industry WHS matters in Australian courts and tribunals. Principal contractor obligations, high-risk construction work, SWMS adequacy, subcontractor management, falls from height and plant safety. Plaintiff and defendant instructions accepted.
Construction Industry Expert Witness Overview
The construction industry has the highest rate of serious workplace injury and fatality of any major industry in Australia. Falls from height, plant and equipment incidents, struck-by incidents and electrocutions account for the majority of construction fatalities. The industry is subject to specific WHS obligations that go beyond the general duty of care, including mandatory WHS management plans, Safe Work Method Statements for high-risk work and the specific duties of the principal contractor.
Expert witness opinion in construction matters addresses the full range of obligations applicable to construction sites, from the design stage through to completion. Karim Ali has experience across residential, commercial and industrial construction, as well as infrastructure and energy sector projects. His work at Origin Energy involves direct management of construction contractor safety at major capital projects.
Instructions are accepted in matters before the Personal Injury Commission, NSW courts, state and territory courts, VCAT, the Queensland Industrial Relations Commission and other bodies. Both plaintiff and defendant instructions are accepted.
High-Risk Construction Work Definitions
The WHS Regulations define high-risk construction work as any construction work that involves one or more of the following circumstances. A Safe Work Method Statement is required for all high-risk construction work before the work commences.
- Work with a risk of a person falling more than 2 metres
- Work on telecommunications towers
- Demolition of load-bearing structures
- Work involving disturbance of asbestos
- Work involving confined spaces
- Work in or near a shaft or trench deeper than 1.5 metres
- Work on or near pressurised gas lines or chemical lines
- Work on or near energised electrical services
- Work in an area with a contaminated or flammable atmosphere
- Tilt-up or precast concrete work
- Work in or adjacent to a road, railway, shipping lane or other traffic corridor
Principal Contractor and Subcontractor Obligations
Construction sites involve multiple layers of duty holder obligation. The expert analysis identifies the relevant duty holders and assesses the obligations of each in the specific circumstances of the matter.
-
WHS Management Plan
Required before construction work begins on any project with a construction value above the threshold or involving any high-risk work. The plan must identify the hazards, set out the control measures and address how the principal contractor will manage the WHS obligations of subcontractors on site.
-
SWMS Review and Approval
The principal contractor must obtain a Safe Work Method Statement from each subcontractor before the subcontractor commences high-risk construction work. The principal contractor must review the SWMS to confirm it is adequate before approving the work. A signature on a SWMS without genuine review is a common compliance failure.
-
Site Induction
All persons entering the construction site must receive a site-specific induction before they commence work. The induction must cover the specific hazards on the site, emergency procedures and the site's WHS rules. Records of induction must be kept and must identify when and what induction was provided to each person.
-
Coordination and Monitoring
The principal contractor must coordinate the work of all subcontractors on site to prevent conflicts and hazards that arise from multiple trades working in proximity. The principal contractor must also monitor subcontractor compliance with the WHS management plan and take action where non-compliance is identified.
Construction Incidents Commonly Instructed
The following incident types account for the majority of construction industry expert witness instructions received. Each links to the specific incident page with full detail on the expert analysis applicable to that incident type.
Construction Industry Case Experience
Karim Ali has provided expert witness opinion in construction industry matters involving falls from height on residential builds, scaffold collapse on commercial projects, plant and equipment incidents on civil infrastructure projects, and contractor management failures on industrial construction sites.
His operational experience managing construction safety at Origin Energy's capital projects, combined with his credentials as a Chartered OHS Professional, gives him the practical industry knowledge to assess construction site safety management at the level expected by courts and tribunals.
The expert analysis takes into account the published guidance of SafeWork NSW, WorkSafe Victoria, Workplace Health and Safety Queensland and other state regulators when assessing whether a duty holder met the standard expected in the relevant jurisdiction.
Instruct on a Construction Matter
Contact Karim Ali to discuss the matter, confirm availability and obtain a fee estimate.